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CHAPTER 12

INTELLECTUAL PROPERTY

SECTION A

GENERAL PROVISIONS AND PRINCIPLES

ARTICLE 12.1

Objectives

1. The objectives of this Chapter are to:

(a) facilitate the creation, production and commercialisation of innovative and creative

products between the Parties, contributing to a more sustainable and inclusive economy

in each Party; and

(b) achieve an adequate and effective level of protection and enforcement of intellectual

property rights.

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2. The protection and enforcement of intellectual property rights should contribute to the

promotion of technological innovation and to the transfer and dissemination of technology, to

the mutual advantage of producers and users of technological knowledge and in a manner

conducive to social and economic welfare, and to a balance of rights and obligations.

ARTICLE 12.2

Nature and Scope of Obligations

1. The Parties affirm their rights and obligations under the international treaties dealing

with intellectual property to which they are party, including the TRIPS Agreement. The

Parties shall ensure an adequate and effective implementation of those treaties. This Chapter

shall complement and further specify those rights and obligations between the Parties with an

aim at ensuring adequate and effective implementation of those treaties, as well as the balance

between the rights of intellectual property holders and the interest of the public.

2. For the purposes of this Agreement, intellectual property refers at least to all

categories of intellectual property that are referred to in Sections 1 to 7 of Part II of the TRIPS

Agreement, namely:

(a) copyright and related rights;

(b) trademarks;

(c) geographical indications;

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(d) industrial designs;

(e) patent rights;

(f) layout-designs (topographies) of integrated circuits;

(g) protection of undisclosed information; and

(h) plant varieties.

3. The protection of intellectual property includes protection against unfair competition

as referred to in Article 10bis of the Paris Convention for the Protection of Industrial

Property of 20 March 1883, as last revised at Stockholm on 14 July 1967 (hereinafter referred

to as "the Paris Convention").

ARTICLE 12.3

Most-Favoured-Nation Treatment

With regard to the protection of intellectual property, any advantage, favour, privilege or

immunity granted by a Party to the nationals of any third country shall be accorded

immediately and unconditionally to the nationals of the other Party, subject to the exceptions

provided for in Articles 4 and 5 of the TRIPS Agreement.

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ARTICLE 12.4

Exhaustion

Each Party shall be free to establish its own regime for the exhaustion of intellectual property

rights subject to the relevant provisions of the TRIPS Agreement.

SECTION B

STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS

SUB-SECTION 1

COPYRIGHT AND RELATED RIGHTS

ARTICLE 12.5

Protection Granted

1. The Parties shall comply with the rights and obligations set out in the following

international treaties:

(a) the Berne Convention for the Protection of Literary and Artistic Works of

9 September 1886, as last revised at Paris on 24 July 1971 (hereinafter referred to as

"the Berne Convention");

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(b) the International Convention for the Protection of Performers, Producers of

Phonograms and Broadcasting Organisations, done at Rome on 26 October 1961; and

(c) the TRIPS Agreement.

2. The Parties shall accede to the following international treaties within three years from

the date of entry into force of this Agreement:

(a) the WIPO Copyright Treaty, adopted in Geneva on 20 December 1996; and

(b) the WIPO Performances and Phonograms Treaty, adopted in Geneva on

20 December 1996.

ARTICLE 12.6

Authors

Each Party shall provide for authors to have the exclusive right to authorise or prohibit:

(a) direct or indirect reproduction by any means and in any form, in whole or in part, of

their works;

(b) any form of distribution to the public, by sale or other transfer of ownership, of the

original of their works or of copies thereof; and

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(c) any communication to the public of their works, by wire or wireless means, including

the making available to the public of their works in such a way that members of the

public may access them from a place and at a time individually chosen by them.

ARTICLE 12.7

Performers

Each Party shall provide for performers to have the exclusive right to authorise or prohibit:

(a) the fixation of their performances;

(b) direct or indirect reproduction by any means and in any form, in whole or in part, of

fixations of their performances;

(c) distribution to the public, by sale or other transfer of ownership, of the fixations of their

performances;

(d) the making available to the public, by wire or wireless means, of fixations of their

performances in such a way that members of the public may access them from a place

and at a time individually chosen by them; and

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(e) the broadcasting by wireless means and the communication to the public of their

unfixed performances, except where the performance is itself already a broadcast

performance.

ARTICLE 12.8

Producers of Phonograms

Each Party shall provide for phonogram producers to have the exclusive right to authorise or

prohibit:

(a) direct or indirect reproduction by any means and in any form, in whole or in part, of

their phonograms;

(b) distribution to the public, by sale or other transfer of ownership, of their phonograms,

including copies thereof; and

(c) the making available to the public, by wire or wireless means, of their phonograms in

such a way that members of the public may access them from a place and at a time

individually chosen by them.

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ARTICLE 12.9

Broadcasting Organisations

Each Party shall provide broadcasting organisations with the exclusive right to authorise or

prohibit:

(a) the fixation of their broadcasts;

(b) the reproduction of fixations of their broadcasts;

(c) the distribution to the public of fixations of their broadcasts; and

(d) the rebroadcasting of their broadcasts by wireless means.

ARTICLE 12.10

Broadcasting and Communication to the Public

Each Party shall provide to performers and producers of phonograms a right in order to ensure

that a single equitable remuneration is paid by the user to them, if a phonogram published for

commercial purposes or a reproduction of such phonogram is used for broadcasting by

wireless means or for any communication to the public. Each Party shall ensure that this

remuneration is shared between the relevant performers and phonogram producers. Each

Party may, in the absence of agreement between the performers and phonogram producers,

lay down the conditions as to the sharing of this remuneration between them.

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ARTICLE 12.11

Term of Protection

1. The rights of an author of a literary or artistic work within the meaning of Article 2 of

the Berne Convention shall run for the life of the author and for not less than 50 years after his

death, irrespective of the date when the work is lawfully made available to the public.

2. In the case of a work of joint authorship, the term referred to in paragraph 1 shall be

calculated from the death of the last surviving author.

3. The rights of performers shall expire not less than 50 years after the date of the

performance. If a fixation of the performance is lawfully published or lawfully communicated

to the public within that period, those rights shall expire not less than 50 years from the date

of the first lawful publication or the first lawful communication to the public, whichever is

earlier.

4. The rights of producers of phonograms shall expire not less than 50 years after the

fixation is made. If the phonogram has been lawfully published within this period, those rights

shall expire not less than 50 years from the date of the first lawful publication. If no lawful

publication has taken place within the period referred to in the first sentence, and if the

phonogram has been lawfully communicated to the public within that period, those rights

shall expire not less than 50 years from the date of the first lawful communication to the

public.

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5. The rights of broadcasting organisations shall expire not less than 50 years after the

first transmission of a broadcast, whether that broadcast is transmitted by wire or over the air,

including by cable or satellite.

6. The terms laid down in this Article shall be calculated from the first of January of the

year following the event which gives rise to them.

ARTICLE 12.12

Protection of Technological Measures

1. Each Party shall provide adequate legal protection against the circumvention of any

effective technological measures, which are used by the right holder of any copyright or

related right which the person concerned, carries out in the knowledge, or with reasonable

grounds to know, that he or she is pursuing that objective.

2. Each Party shall provide adequate legal protection against the manufacture, import,

distribution, sale, rental, offer to public for sale or rental, or possession for commercial

purposes of devices, products or components or the provision of services, which:

(a) are promoted, advertised or marketed for the purpose of circumvention of any effective

technological measures;

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(b) have only a limited commercially significant purpose or use other than to circumvent

any effective technological measures; or

(c) are primarily designed, produced, adapted or performed for the purpose of enabling or

facilitating the circumvention of, any effective technological measures.

3. In providing adequate legal protection pursuant to paragraphs 1 and 2, a Party may

adopt or maintain appropriate limitations or exceptions to measures implementing those

paragraphs. The obligations under paragraphs 1 and 2 are without prejudice to the rights,

limitations, exceptions, or defences to infringements of copyright or related rights under each

Party's domestic law.

4. For the purposes of this Article, the term "technological measures" means any

technology, device or component that, in the normal course of its operation, is designed to

prevent or restrict acts, in respect of works or other subject-matter, which are not authorised

by the right holder of any copyright or related right as provided for by domestic legislation.

Technological measures shall be deemed "effective" where the use of a protected work or

other subject-matter is controlled by the right holders through application of an access control

or protection process, such as encryption, scrambling or other transformation of the work or

other subject-matter or a copy control mechanism, which achieves the objective of protection.

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ARTICLE 12.13

Protection of Rights Management Information

1. Each Party shall provide adequate legal protection against any person knowingly

performing, without authority, any of the following acts:

(a) the removal or alteration of any electronic rights management information; or

(b) the distribution, importation for distribution, broadcasting, communication or making

available to the public of works, performances, phonograms or other subject-matter

protected under this Sub-Section from which electronic rights management information

has been removed or altered without authority,

if this person knows, or has reasonable grounds to know, that by so doing this person is

inducing, enabling, facilitating or concealing an infringement of any copyright or any related

right as provided for by domestic legislation.

2. For the purposes of this Article, the term "rights management information" means any

information provided by right holders which identifies the work or other subject-matter

referred to in this Sub-Section, the author or any other right holder, information about the

terms and conditions of use of the work or other subject-matter, or any numbers or codes that

represent such information.

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3. Paragraph 2 applies when any of these items of information is associated with a copy

of, or appears in connection with the communication to the public of, a work or other

subject-matter referred to in this Sub-Section.

ARTICLE 12.14

Exceptions and Limitations

1. Each Party may provide for exceptions and limitations to the rights set out in

Articles 12.6 (Authors) to 12.10 (Broadcasting and Communication to the Public) only in

certain special cases which do not conflict with a normal exploitation of the subject-matter

and do not unreasonably prejudice the legitimate interests of the right holders in accordance

with the international treaties to which they are party.

2. Each Party shall provide that acts of reproduction referred to in Articles 12.6

(Authors) to 12.10 (Broadcasting and Communication to the Public), which are transient or

incidental, which are an integral and essential part of a technological process and the sole

purpose of which is to enable:

(a) a transmission in a network between third parties by an intermediary; or

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(b) a lawful use,

of a work or other subject-matter to be made, and which have no independent economic

significance, shall be exempted from the reproduction right provided for in Articles 12.6

(Authors) to 12.10 (Broadcasting and Communication to the Public).

ARTICLE 12.15

Artists' Resale Right in Works of Art

1. A Party may provide, for the benefit of the author of an original work of art, a resale

right, to be defined as an inalienable right, to receive a royalty based on the sale price

obtained for any resale of the work, subsequent to the first transfer of the work by the author.

2. The right referred to in paragraph 1 applies to all acts of resale involving as sellers,

buyers or intermediaries art market professionals, such as salesrooms, art galleries and, in

general, any professional dealers in works of art.

3. A Party may provide that the right referred to in paragraph 1 does not apply to acts of

resale where the seller has acquired the work directly from the author less than three years

before that resale and where the resale price does not exceed a certain minimum amount.

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4. The right referred to in paragraph 1 may be claimed in a Party only if the domestic

legislation of that Party to which the author belongs so permits, and to the extent permitted by

the Party where this right is claimed. The procedure for collection and the amounts shall be

determined in domestic legislation.

ARTICLE 12.16

Cooperation on Collective Management of Rights

The Parties shall endeavour to promote dialogue and cooperation between their respective

collective management organisations for the purposes of promoting the availability of works

and other protected subject-matter in the territories of the Parties and the transfer of royalties

for the use of such works or other protected subject-matter.

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SUB-SECTION 2

TRADEMARKS

ARTICLE 12.17

International Treaties

1. The Parties affirm their rights and obligations under the Protocol Relating to the

Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on

27 June 1989, as last amended on 12 November 2007.

2. Each Party shall use the classification provided for in the Nice Agreement Concerning

the International Classification of Goods and Services for the Purposes of the Registration of

Marks, done at Nice on 15 June 1957, as amended on 28 September 1979 (hereinafter referred

to as "Nice Classification").1

3. Each Party shall simplify and develop its trademark registration procedures using,

inter alia, the Trademark Law Treaty, adopted at Geneva on 27 October 1994, and the

Singapore Treaty on the Law of Trademarks, done at Singapore on 27 March 2006, as

reference points.

1 For greater certainty, a Party shall use the updated versions of the Nice Classification to

the extent that the updated version has been published by WIPO and, in the case of Viet

Nam, the official translation has been published.

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ARTICLE 12.18

Rights Conferred by a Trademark

A registered trademark shall confer on the proprietor exclusive rights therein. The proprietor

shall be entitled to prevent all third parties not having his consent from using in the course of

trade:

(a) any sign which is identical with the trademark in relation to goods or services which are

identical with those for which the trademark is registered;2 and

(b) any sign which is identical with or similar to the trademark in relation to goods or

services, which are identical with or similar to those for which the trademark is

registered, where such use would result in a likelihood of confusion on the part of the

public.

ARTICLE 12.19

Registration Procedure

1. Each Party shall provide for a system for the registration of trademarks in which each

final refusal to register a trademark by the relevant trademark administration shall be

communicated in writing and be duly reasoned.

2 For greater certainty, this is without prejudice to Article 12.21 (Exceptions to the Rights

Conferred by a Trademark).

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2. Each Party shall provide for the possibility to oppose trademark applications and an

opportunity for the trademark applicant to respond to such opposition.

3. Each Party shall provide a publicly available electronic database of published

trademark applications and trademark registrations.

ARTICLE 12.20

Well-Known Trademarks

For the purposes of giving effect to protection of well-known trademarks, as referred to in

Article 6bis of the Paris Convention and paragraphs 2 and 3 of Article 16 of the TRIPS

Agreement, the Parties shall give consideration to the Joint Recommendation Concerning

Provisions on the Protection of Well-Known Marks, adopted by the Assembly of the Paris

Union for the Protection of Industrial Property and the General Assembly of the WIPO at the

Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO on

20 to 29 September 1999.

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ARTICLE 12.21

Exceptions to the Rights Conferred by a Trademark

Each Party:

(a) shall provide for the fair use of descriptive terms3 as a limited exception to the rights

conferred by trademarks; and

(b) may provide for other limited exceptions,

provided that these exceptions take account of the legitimate interests of the owners of the

trademarks and of third parties.

3 The fair use of descriptive terms includes the use of a sign to indicate the geographic

origin of the goods or services, where such use is in accordance with honest practices in

industrial or commercial matters.

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ARTICLE 12.22

Revocation of a Registered Trademark4

1. Each Party shall provide that a registered trademark shall be liable to revocation if,

within a continuous period of five years prior to a request for revocation, it has not been put to

genuine5 use by its owner or the owner's licensee in the relevant territory in connection with

the goods or services in respect of which it is registered, without justifiable reasons, except

where the use is commenced or resumed at least three months before the request for

revocation. A Party may provide that this exception be disregarded where preparations for the

commencement or resumption occur only after the proprietor becomes aware that the request

for revocation may be filed.

2. A Party may provide that a trademark can be liable to revocation if, after the date on

which it was registered, it has become, as a result of acts or inactivity of the proprietor, the

common name in the trade for a product or service in respect of which it is registered.

4 For Viet Nam "revocation" is equivalent to "termination".

5 Genuine use implies real use for the purpose of trading in the goods or services in

question so as to generate goodwill. In general, this implies actual sales and there must

have been some sales of the goods or providing of the services during the relevant

period of time. Use in advertising may amount to genuine use. However, mere

preparatory steps are not to be regarded as genuine use of a mark. Genuine use is

opposed to token or artificial use designed solely to maintain the trade mark on the

register.

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3. Any use of a registered trademark by the proprietor of the trademark or with his

consent in respect of the goods or services for which it is registered, that is liable to mislead

the public, particularly as to the nature, quality or geographical origin of those goods or

services shall make the trademark liable to revocation or alternatively be prohibited by

relevant domestic law.

SUB-SECTION 3

GEOGRAPHICAL INDICATIONS

ARTICLE 12.23

Scope of Application

1. This Sub-Section applies to the recognition and protection of geographical indications

for wines, spirits, agricultural products and foodstuffs which are originating in the territories

of the Parties.

2. Geographical indications of a Party, which are to be protected by the other Party, shall

only be subject to this Sub-Section if they are protected as geographical indications in

accordance with the system referred to in Article 12.24 (System of Registration and

Protection of Geographical Indications) in the territory of the Party of origin.

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ARTICLE 12.24

System of Registration and Protection of Geographical Indications

1. Each Party shall maintain a system for the registration and protection of geographical

indications which shall contain at least the following elements:

(a) a register listing geographical indications protected in the territory of that Party;

(b) an administrative process verifying that geographical indications to be entered, or

maintained , on the register referred to in subparagraph (a) identify a good as originating

in a territory, region or locality of a Party, where a given quality, reputation or other

characteristic of the good is essentially attributable to its geographical origin;

(c) an opposition procedure that allows the legitimate interests of any natural or legal

person to be taken into account; and

(d) procedures for rectification and removal or termination of the effects of the entries on

the register referred to in subparagraph (a) that take into account the legitimate interests

of third parties and the right holders of the registered geographical indications in

question.6

6 Without prejudice to its domestic legislation on the system of registration and protection

of geographical indications, each Party shall provide for legal means for the invalidation

of the registration of geographical indications.

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2. Each Party may provide in its domestic legislation more extensive protection than is

required by this Sub-Section, provided that such protection does not contravene the protection

provided under this Agreement.

ARTICLE 12.25

Established Geographical Indications

1. Having completed an opposition procedure and an examination of the geographical

indications of the Union listed in Part A of Annex 12-A (List of Geographical Indications),

Viet Nam recognises that those indications are geographical indications within the meaning of

paragraph 1 of Article 22 of the TRIPS Agreement and that they have been registered by the

Union in accordance with the system referred to in Article 12.24 (System of Registration and

Protection of Geographical Indications). Viet Nam shall protect those geographical

indications according to the level of protection provided for in this Agreement.

2. Having completed an opposition procedure and an examination of the geographical

indications of Viet Nam listed in Part B of Annex 12-A (List of Geographical Indications), the

Union recognises that those indications are geographical indications within the meaning of

paragraph 1 of Article 22 of the TRIPS Agreement and that they have been registered by

Viet Nam in accordance with the system referred to in Article 12.24 (System of Registration

and Protection of Geographical Indications). The Union shall protect those geographical

indications according to the level of protection provided for in this Agreement.

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ARTICLE 12.26

Amendment of the List of Geographical Indications

1. The Parties may amend the list of geographical indications in Annex 12-A (List of

Geographical Indications) in accordance with the procedure set out in subparagraph 3(a) of

Article 12.63 (Working Group on Intellectual Property Rights, including Geographical

Indications) and paragraph 1 of Article 17.5 (Amendments) by, inter alia:

(a) removing geographical indications which have ceased to be protected in the country of

origin; or

(b) adding geographical indications, after having completed the opposition procedure and

after having examined the geographical indications as referred to in Article 12.25

(Established Geographical Indications) to the satisfaction of both Parties.

2. A geographical indication for wines, spirits, agricultural products or foodstuffs shall

not, in principle, be added to Annex 12-A (List of Geographical Indications), if it is a name

that on the date of signing of this Agreement is listed in the relevant register of a Party with a

status of "Registered".

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ARTICLE 12.27

Protection of Geographical Indications

1. Each Party shall provide the legal means for interested parties to prevent:

(a) the use of a geographical indication of the other Party listed in Annex 12-A (List of

Geographical Indications) for any product that falls within the product class, as defined

in Annex 12-B (Product Classes) and specified in Annex 12-A (List of Geographical

Indications) for that geographical indication, and that either:

(i) does not originate in the country of origin specified in Annex 12-A (List of

Geographical Indications) for that geographical indication; or

(ii) originates in the country of origin specified in Annex 12-A (List of Geographical

Indications) for that geographical indication but was not produced or

manufactured in accordance with the laws and regulations of the other Party that

would apply if the product was for consumption in the other Party;

(b) the use of any means in the designation or presentation of a good that indicates or

suggests that the good in question originates in a geographical area other than the true

place of origin in a manner which misleads the public as to the geographical origin or

nature of the good; and

(c) any other use which constitutes an act of unfair competition within the meaning of

Article 10bis of the Paris Convention.

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2. The protection referred to in subparagraph 1(a) shall be provided even where the true

origin of the product is indicated or the geographical indication is used in translation or

accompanied by expressions such as "kind", "type", "style", "imitation" or the like.

3. Without prejudice to Article 23 of the TRIPS Agreement, the Parties shall mutually

decide the practical conditions of use under which homonymous geographical indications will

be differentiated from each other, taking into account the need to ensure equitable treatment

of the producers concerned and that consumers are not misled. A homonymous name which

misleads consumers into believing that a product comes from another territory shall not be

registered even if the name is accurate as far as the actual territory, region or place of origin of

the product in question is concerned.

4. When a Party, in the context of negotiations with a third country, proposes to protect a

geographical indication of the third country which is homonymous with a geographical

indication of the other Party protected under this Sub-Section, it shall inform the other Party

thereof and give it an opportunity to comment before the third country's geographical

indication becomes protected.

5. Nothing in this Sub-Section shall oblige a Party to protect a geographical indication of

the other Party which is not, or ceases to be, protected in its country of origin. Each Party

shall notify the other Party if a geographical indication ceases to be protected in the country of

origin. Such notification shall take place in accordance with paragraph 3 of Article 12.63

(Working Group on Intellectual Property Rights, including Geographical Indications).

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6. A Party shall not be required to protect as a geographical indication a name that is

likely to mislead the consumer as to the true origin of the product in case it conflicts with the

name of a plant variety or an animal breed.

ARTICLE 12.28

Exceptions

1. Notwithstanding Article 12.27 (Protection of Geographical Indications), the protection

of the geographical indications "Asiago", "Fontina" and "Gorgonzola" listed in Part A of

Annex 12-A (List of Geographical Indications) shall not prevent the use of any of these

indications in the territory of Viet Nam by any persons, including their successors, who made

actual commercial use in good faith of those indications with regard to products in the class of

"cheeses" prior to 1 January 2017.

2. Notwithstanding Article 12.27 (Protection of Geographical Indications), the protection

of the geographical indication "Feta" listed in Part A of Annex 12-A (List of Geographical

Indications) shall not prevent the use of this indication in the territory of Viet Nam by any

persons, including their successors, who made actual commercial use in good faith of this

indication with regard to products in the class of "cheeses" made from sheep's milk or made

from sheep and goat's milk, prior to 1 January 2017.

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3. Notwithstanding Article 12.27 (Protection of Geographical Indications), during a

transitional period of 10 years from the date of entry into force of this Agreement the

protection of the geographical indication "Champagne", listed in Part A of Annex 12-A (List

of Geographical Indications) shall not prevent the use of this indication, or its translation,

transliteration or transcription in the territory of Viet Nam by any persons including their

successors, who made actual commercial use in good faith of this indication with regard to

products in the class of "wines".

4. A Party may provide that any request made under this Sub-Section in connection with

the use or registration of a trademark must be presented within five years after the adverse use

of the protected indication has become generally known in that Party or after the date of

registration of the trademark in that Party, provided that the trademark has been published by

that date, if such date is earlier than the date on which the adverse use became generally

known in that Party, provided that the geographical indication is not used or registered in bad

faith.

5. This Sub-Section shall not prejudice the right of any person to use, in the course of

trade, that person's name or the name of that person's predecessor in business, except where

such name is used in such a manner as to mislead the public.

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ARTICLE 12.29

Right of Use of Geographical Indications

Once a geographical indication is protected under this Agreement, the legitimate use of such

geographical indication shall not be subject to any registration of users, or further charges.

ARTICLE 12.30

Relationship to Trademarks

1. When a trademark has been applied for or registered in good faith, or when rights to a

trademark have been acquired through use in good faith, in a Party before the applicable date

set out in paragraph 2, measures adopted to implement this Sub-Section in that Party shall not

prejudice eligibility for or the validity of the trademark, or the right to use the trademark, on

the basis that the trademark is identical with, or similar to, a geographical indication.

2. For the purposes of paragraph 1, the applicable date is:

(a) the date of entry into force of this Agreement with regard to geographical indications

referred to in Article 12.25 (Established Geographical Indications); or

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(b) the date on which the competent authority of a Party receives from the other Party a

request with a complete application for the protection of an additional geographical

indication as referred to in Article 12.26 (Amendment of the List of Geographical

Indications).

3. A trademark as referred to in paragraph 1 may continue to be protected, used and

renewed notwithstanding the protection of the geographical indication, provided that no

grounds for the trademark's invalidity or revocation exist in the domestic legislation on

trademarks of the Party concerned.

ARTICLE 12.31

Enforcement of Protection

1. Each Party shall provide for enforcement of protection of geographical indications by

appropriate administrative action, to the extent provided for by its domestic law, to prohibit a

person from manufacturing, preparing, packaging, labelling, selling, importing or advertising

a food commodity in a manner that is false, misleading or deceptive or is likely to create an

erroneous impression regarding its origin.

2. Each Party shall at least enforce the protection provided for in Articles 12.27

(Protection of Geographical Indications) and 12.30 (Relationship to Trademarks) at the

request of an interested party.

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ARTICLE 12.32

General Rules

1. Products bearing protected geographical indications shall comply with the product

specifications, including any amendments thereof, approved by the authorities of the Party in

the territory of which the product originates.

2. Any matter arising from product specifications of registered products shall be dealt

with in the Working Group on Intellectual Property Rights, including Geographical

Indications, referred to in Article 12.63 (Working Group on Intellectual Property Rights,

including Geographical Indications).

ARTICLE 12.33

Cooperation and Transparency

1. The Parties shall, either directly or through the Working Group on Intellectual

Property Rights, including Geographical Indications, referred to in Article 12.63 (Working

Group on Intellectual Property Rights, including Geographical Indications), maintain contact

on all matters relating to the implementation and functioning of this Sub-Section. In

particular, a Party may request from the other Party information relating to product

specifications, including any amendments thereto, and relevant contact points for control or

management of geographical indications.

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2. Each Party may make publicly available the product specifications, or a summary

thereof, and relevant contact points for control or management of geographical indications of

the other Party protected pursuant to this Sub-Section.

SUB-SECTION 4

INDUSTRIAL DESIGNS

ARTICLE 12.34

International Treaties

The Parties shall accede to the Geneva Act (1999) of the Hague Agreement Concerning the

International Registration of Industrial Designs, done at Geneva on 2 July 1999, within two

years from the date of entry into force of this Agreement.

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ARTICLE 12.35

Protection of Registered Industrial Designs

1. The Parties shall provide for the protection of independently created industrial

designs7 that are new or original

8. This protection shall be provided by registration and shall

confer an exclusive right upon their holders in accordance with this Sub-Section.9

7 The Parties agree that when the domestic law of a Party so provides, a design means the

appearance of the whole product or a separable or inseparable part of product. 8 The Parties agree that when the domestic law of a Party so provides, individual

character of designs can also be required. This refers to designs that significantly differ

from known designs or combinations of known designs’ features. The Union considers

designs to have individual character if the overall impression it produces on the

informed users differs from the overall impression produced on such a user by any

design which has been made available to the public. 9 It is understood that designs are not excluded from protection simply on the basis that

they constitute a part of an article or product, provided that they are visible, fulfil the

criteria of this paragraph, and:

(a) fulfil any other criteria for design protection; and

(b) are not otherwise excluded from design protection,

in accordance with the Parties’ respective domestic law.

34

2. A design applied to or incorporated in a product which constitutes a component part of

a complex product shall only be considered to be new and original:

(a) if the component part, once it has been incorporated into the complex product, remains

visible during normal use of the latter; and

(b) to the extent that those visible features of the component part fulfil in themselves the

requirements as to novelty and originality.

3. The term "normal use" in subparagraph 2(a) means use by the end user, excluding

maintenance, servicing or repair work.

4. The owner of a registered design shall have the right to prevent third parties not

having the owner's consent at least from making, offering for sale, selling, importing, or

stocking for sale a product bearing or embodying the protected design when such acts are

undertaken for commercial purposes.

5. The duration of protection available shall amount to at least 15 years.

35

ARTICLE 12.36

Exceptions and Exclusions

1. A Party may provide limited exceptions to the protection of designs, provided that

such exceptions do not unreasonably conflict with the normal exploitation of protected

designs, and do not unreasonably prejudice the legitimate interests of the owner of the

protected design, taking account of the legitimate interests of third parties.

2. Industrial design protection shall not extend to designs dictated essentially by

technical or functional considerations.

ARTICLE 12.37

Relationship to Copyright

A design shall also be eligible for protection under the law of copyright of a Party as from the

date on which the design was created or, alternatively, fixed in any form. The eligibility for

protection, the extent to which, and the conditions under which, such a copyright protection is

conferred, including the level of originality required, shall be determined by that Party.

36

SUB-SECTION 5

PATENTS

ARTICLE 12.38

International Agreements

The Parties affirm their rights and obligations under the Patent Cooperation Treaty, done at

Washington on 19 June 1970, as amended on 28 September 1979 and last modified on

3 October 2001. Each Party shall simplify and develop its patent registration procedures

using, inter alia, the Patent Law Treaty, adopted in Geneva on 1 June 2000, as a reference

point.

ARTICLE 12.39

Patents and Public Health

1. The Parties recognise the importance of the Declaration on the TRIPS Agreement and

Public Health, adopted on 14 November 2001 by the Ministerial Conference of the WTO, in

Doha. In interpreting and implementing the rights and obligations under this Chapter, the

Parties are entitled to rely upon this Declaration.

37

2. The Parties shall respect the Decision of the WTO General Council of 30 August 2003

on Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and

Public Health.

ARTICLE 12.40

Administrative Authorisation

1. The Parties recognise that pharmaceutical products protected by a patent on their

respective territory are generally subject to an administrative authorisation procedure before

being put on their market (hereinafter referred to as the "marketing authorisation procedure").

2. Each Party shall provide for an adequate and effective mechanism to compensate the

patent owner for the reduction in the effective patent life resulting from unreasonable delays10

in the granting of the first marketing authorisation in its respective territory. Such

compensation may be in the form of an extension of the duration of the rights conferred by

patent protection, equal to the time by which the period referred to in the footnote to this

paragraph is exceeded. The maximum duration of this extension shall not exceed two years.

10

For the purposes of this Article, an unreasonable delay shall include at least a delay of

more than two years in the first response to the applicant following the date of filing of

the application for marketing authorisation. Any delays that occur in the granting of a

marketing authorisation due to periods attributable to the applicant or any period that is

out of control of the marketing authorisation authority need not be included in the

determination of such delay.

38

3. As an alternative to paragraph 2, a Party may make available an extension, not

exceeding five years11

, of the duration of the rights conferred by the patent protection to

compensate the patent owner for the reduction in the effective patent life as a result of the

marketing authorisation procedure. The duration of the extension shall take effect at the end

of the lawful term of the patent for a period equal to the period which elapsed between the

date on which the application for a patent was filed and the date of the first marketing

authorisation to place the product on the market in the Party, reduced by a period of five

years.

SUB-SECTION 6

PROTECTION OF UNDISCLOSED INFORMATION

ARTICLE 12.41

Protection of Undisclosed Information

1. In order to implement Article 39 of the TRIPS Agreement, and in the course of

ensuring effective protection against unfair competition as provided for in Article 10bis of the

Paris Convention, each Party shall protect confidential information and data submitted to

government or governmental agencies in accordance with this Article.

11

This period can be extended for further six months in the case of medicinal products for

which paediatric studies have been carried out, and the results of those studies are

reflected in the product information.

39

2. If a Party requires, as a condition for approving the marketing of pharmaceutical or

agrochemical products, the submission of undisclosed test or other data, the origination of

which involves a considerable effort, the Party shall protect such data against unfair

commercial use. In addition, each Party shall protect such data against disclosure, except

where necessary to protect the public.

3. Each Party shall provide that for data referred to in paragraph 2 that is submitted to the

Party after the date of entry into force of this Agreement, no other applicant for marketing

approval may, without permission of the person that submitted the data, rely on that data in

support of an application for marketing approval during a reasonable period, which shall

normally mean not less than five years from the date on which the Party granted approval to

the person that produced the data for approval to market its product.

40

SUB-SECTION 7

PLANT VARIETIES RIGHTS

ARTICLE 12.42

Plant Varieties Rights

The Parties shall protect plant varieties rights in accordance with the International Convention

for the Protection of New Varieties of Plants, adopted in Paris on 2 December 1961, as last

revised in Geneva on 19 March 1991, including the exceptions to the breeder's right as

referred to in Article 15 of this Convention, and cooperate to promote and enforce these

rights.

41

SECTION C

ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

SUB-SECTION 1

GENERAL ENFORCEMENT PROVISIONS

ARTICLE 12.43

General Obligations

1. The Parties affirm their rights and obligations under the TRIPS Agreement, in

particular Part III thereof. Each Party shall provide for the complementary measures,

procedures and remedies under this Section necessary to ensure the enforcement of

intellectual property rights.12

Those measures, procedures and remedies shall be fair and

equitable, and shall not be unnecessarily complicated or costly, or entail unreasonable time-

limits or unwarranted delays.

12

For the purposes of Sub-Section 1 of Section C (Enforcement of Intellectual Property

Rights), the term "intellectual property rights" should include at least the following

rights: copyright; rights related to copyright; rights of the creator of the topographies of

a semi-conductor product; trademark rights; design rights; patent rights; geographical

indications; utility model rights; plant variety rights; trade names in so far as these are

protected as intellectual property rights in the domestic law concerned.

42

2. The measures, procedures and remedies referred to in paragraph 1 shall be effective

and proportionate and shall be applied in such a manner as to avoid the creation of barriers to

legitimate trade and to provide for safeguards against their abuse.

ARTICLE 12.44

Entitled Applicants

Each Party shall recognise as persons entitled to seek application of the measures, procedures

and remedies referred to in this Section and in Part III of the TRIPS Agreement:

(a) the holders of intellectual property rights in accordance with the provisions of the

applicable law;

(b) all other persons authorised to use those intellectual property rights, in particular

licensees, in so far as permitted by, and in accordance with the provisions of the

applicable law;

(c) intellectual property collective rights management bodies which are regularly

recognised as having a right to represent holders of intellectual property rights, in so far

as permitted by, and in accordance with the provisions of the applicable law; and

(d) professional defence bodies which are regularly recognised as having a right to

represent holders of intellectual property rights, in so far as permitted by, and in

accordance with the provisions of the applicable law.

43

SUB-SECTION 2

CIVIL ENFORCEMENT

ARTICLE 12.45

Provisional Measures

1. Each Party shall ensure that its competent judicial authorities, upon request by a party

who has presented reasonably available evidence to support his claims that his intellectual

property right has been infringed or is about to be infringed, have the authority to order

prompt and effective provisional measures to:

(a) prevent an infringement of any intellectual property right from occurring, and, in

particular, to prevent the entry into, and the movement within, the channels of

commerce in their jurisdiction of goods, including imported goods immediately after

customs clearance:

(i) an interlocutory injunction may be issued against a party whose services are being

used by a third party to infringe an intellectual property right and over whom the

relevant judicial authority exercises jurisdiction; and

44

(ii) in the case of an alleged infringement that is committed on a commercial scale,

the Parties shall ensure that, if the applicant referred to in Article 12.44 (Entitled

Applicants) demonstrates circumstances likely to endanger the recovery of

damages, the judicial authorities may order the precautionary seizure or blocking

of the movable and immovable property of the alleged infringer, including the

blocking of his/her bank accounts and other assets;

and

(b) preserve relevant evidence in respect of the alleged infringement, subject to the

protection of confidential information, which may include the detailed description, with

or without the taking of samples, or the physical seizure of the alleged infringing goods

and, in appropriate cases, the materials and implements used in the production or

distribution of these goods, and the documents relating thereto.

2. Where appropriate, in particular where any delay is likely to cause irreparable harm to

the right holder or where there is a demonstrable risk of evidence being destroyed, the judicial

authorities shall have the authority to adopt the provisional measures referred to in

paragraph 1 without the other party being heard.

3. This Article is without prejudice to Article 50 of the TRIPS Agreement.

45

ARTICLE 12.46

Evidence

1. Each Party shall ensure that, on application by a party which has presented reasonably

available evidence sufficient to support its claims and which has, in substantiating those

claims, specified evidence which lies in the control of the opposing party, the competent

judicial authorities may order that such evidence be presented by the opposing party, subject

to the protection of confidential information. For the purposes of this paragraph, a Party may

provide that a reasonable sample of a substantial number of copies of a work or any other

protected object be considered by the competent judicial authorities to constitute reasonable

evidence.

2. In the case of an infringement committed on a commercial scale each Party shall take

such measures as are necessary to enable the competent judicial authorities to order, where

appropriate, on application by a party, the communication of banking, financial or commercial

documents under the control of the opposing party, subject to the protection of confidential

information.

46

ARTICLE 12.47

Right of Information

1. Without prejudice to its domestic law governing the protection of confidentiality of

information or processing of personal data, each Party shall ensure that, in civil proceedings

concerning an infringement of an intellectual property right and in response to a justified and

proportionate request of the applicant, the competent judicial authorities may order the

infringer, the alleged infringer or any other person to provide information, as provided for in

its domestic laws and regulations, that this person possesses or controls.

For the purposes of this paragraph, the term "any other person" may include a person who

was:

(a) found in possession of the infringing goods on a commercial scale;

(b) found to be using the infringing services on a commercial scale;

(c) found to be providing on a commercial scale services used in infringing activities; or

(d) indicated by the person referred to in this paragraphs being involved in the production,

manufacture or distribution of the infringing goods or the provision of the infringing

services.

47

2. The information referred to in paragraph 1 may include information regarding any

person involved on a commercial scale in the infringement or alleged infringement and

regarding the means of production and distribution networks of the infringing goods or

services.

ARTICLE 12.48

Other Remedies

1. Each Party shall ensure that the competent judicial authorities shall have the authority

to order, upon request of the applicant and without prejudice to any damages due to the right

holder by reason of the infringement, and without compensation of any sort in such a manner

as to minimise the risks of further infringements:

(a) the recall from the channels of commerce;13

(b) the disposal outside the channels of commerce; or

(c) the destruction,

of goods that they have found to be infringing an intellectual property right.

13

Each Party shall ensure that this provision applies to infringing goods found in the

channels of commerce and that infringers should be ordered to at least recall the goods

back from their customers, such as wholesalers, distributors, retailers.

48

The competent judicial authorities may also order destruction of materials and implements,

the predominant use of which has been in the creation or manufacture of the infringing goods,

or their disposal outside the channels of commerce in such a manner as to minimise the risks

of further infringement.

2. The competent judicial authorities shall have the authority to order that the remedies

referred to in paragraph 1, at least for the destruction, including the removal from the channels

of commerce for destruction, be carried out at the expense of the infringer, unless particular

reasons are invoked for not doing so.

ARTICLE 12.49

Injunctions

Each Party shall ensure that, when a judicial decision finds an infringement of an intellectual

property right, the competent judicial authorities may issue against the infringer and, where

appropriate, against a party whose services are being used by the infringer and over whom the

judicial authority exercises jurisdiction, an injunction aimed at prohibiting the continuation of

the infringement.

49

ARTICLE 12.50

Alternative Measures

A Party may provide that, in appropriate cases and upon request of the person liable to be

subject to the measures provided for in Article 12.48 (Other Remedies) or Article 12.49

(Injunctions), the competent judicial authorities may order pecuniary compensation to be paid

to the injured party instead of applying the measures provided for in Article 12.48 (Other

Remedies) and Article 12.49 (Injunctions) if that person acted unintentionally and without

negligence, if execution of the measures in question would cause him disproportionate harm

and if pecuniary compensation to the injured party appears reasonably satisfactory.

ARTICLE 12.51

Damages

1. Each Party shall ensure that the competent judicial authorities have the authority to

order the infringer who knowingly, or with reasonable grounds to know, engaged in an

infringing activity, to pay the right-holder damages to compensate for the actual injury the

right holder has suffered as a result of the infringement.

50

In determining the amount of damages for infringement of intellectual property rights, the

competent judicial authorities shall have the authority to:

(a) take into account all appropriate aspects, such as the negative economic consequences,

including lost profits, which the injured party has suffered, any unfair profits made by

the infringer14

and, in appropriate cases, elements other than economic factors15

; and

(b) in appropriate cases, set the damages as a lump sum on the basis of elements such as, at

least the amount of royalties or fees which would have been due if the infringer had

requested authorisation to use the intellectual property right in question.

2. Where the infringer did not engage, knowingly or with reasonable grounds to know, in

infringing activity, a Party may provide that the competent judicial authorities may order in

favour of the injured party the recovery of profits or the payment of damages which may be

pre-established.

14

The calculation of unfair profits made by the infringer shall not be duplicated in

calculating lost profits. 15

The term "elements other than economic factors" shall include moral prejudice caused

by the infringement of moral rights of inventors or authors.

51

ARTICLE 12.52

Legal Costs

Each Party shall provide that the competent judicial authorities, as a general rule and, where

appropriate, have the authority to order that the prevailing party be awarded payment by the

losing party of court costs or fees and appropriate attorney's fees, or any other expenses as

provided for under that Party's domestic law.

ARTICLE 12.53

Publication of Judicial Decisions

The competent judicial authorities shall have the authority to order, pursuant to its domestic

law and policies, the publishing or making available to the public, at the expense of the

infringer, appropriate information concerning the final judicial decision.

52

ARTICLE 12.54

Presumption of Authorship or Ownership

The Parties recognise that, for the purposes of applying the measures, procedures and

remedies provided for in this Chapter it is sufficient for the name of an author of a literary or

artistic work, and for the name of other right holders with regard to their protected

subject-matter, to appear on the work or protected subject-matter in the usual manner in order

for that author or other right holder to be regarded as such, unless there is proof to the

contrary, and consequently to be entitled to institute infringement proceedings.

53

SUB-SECTION 3

INTERMEDIARY SERVICE PROVIDER

ARTICLE 12.55

Liability of Intermediary Service Provider

1. Each Party shall, in accordance with this Article, provide for limitations or exemptions

in its domestic legislation regarding the liability of intermediary service providers, in relation

to the provision or use of their services, for infringements of copyright or related rights that

take place on or through telecommunication networks16

.

2. The limitations or exemptions referred to in paragraph 1 shall cover at least the

following activities:

(a) the transmission in a telecommunication network of information provided by a user of

the service, or the provision of access to a telecommunication network ("mere

conduit");

16

For greater certainty, this includes the Internet.

54

(b) the transmission in a telecommunication network of information provided by a user of

the service concerning the automatic, intermediate and temporary storage of that

information, performed for the sole purpose of making more efficient the information's

onward transmission to other users of the service upon their request ("caching"), on

condition that the provider:

(i) does not modify the information other than for technical reasons;

(ii) complies with conditions on access to the information;

(iii) complies with rules regarding the updating of the information, specified in a

manner widely recognised and used by industry;

(iv) does not interfere with the lawful use of technology, widely recognised and used

by industry, to obtain data on the use of the information; and

(v) removes or disables access to the information it has stored upon obtaining

knowledge17

of the fact that the information at the initial source of the

transmission has been removed from the network, or access to it has been

disabled;

and

17

Nothing in this Chapter precludes either Party from defining in its domestic law

conditions for determining how the knowledge of illegal information being hosted is

obtained.

55

(c) the storage of information provided by a user of the service at the request of a user of

the service ("hosting") on condition that the provider:

(i) does not have the knowledge of illegal information; and

(ii) upon obtaining such knowledge18

, acts expeditiously to remove or to disable

access to information.

3. Each Party may in its domestic law, provide for conditions under which intermediary

service providers do not qualify for the limitations or exceptions in paragraph 2.

4. The eligibility conditions for intermediary service providers to qualify for the

limitations or exceptions in paragraph 2 may not include the intermediary service provider

monitoring its service, or seeking facts indicating infringing activity.

5. Each Party may establish procedures for effective notifications of claimed

infringement, and effective counter-notifications.

6. This Article shall not affect the possibility for a court or administrative authority, in

accordance with each Party's legal system, to require the intermediary service provider to

terminate or prevent an infringement.

18

Nothing in this Chapter precludes either Party from defining in its domestic law

conditions for determining how the knowledge of illegal information being hosted is

obtained.

56

SUB-SECTION 4

BORDER ENFORCEMENT

ARTICLE 12.56

Consistency with GATT 1994 and the TRIPS Agreement

In implementing border measures for the enforcement of intellectual property rights by

customs authorities, as set out in this Sub-Section, the Parties shall ensure consistency with

their obligations under GATT 1994 and the TRIPS Agreement and, in particular, with Article

V of GATT 1994 and Article 41 and Section 4 of Part III of the TRIPS Agreement.

ARTICLE 12.57

Definitions

For the purposes of this Sub-Section:

(a) "counterfeit goods" means counterfeit trademark goods and counterfeit geographical

indication goods;

57

(b) "counterfeit geographical indication goods" means goods, including packaging,

unlawfully bearing a geographical indication identical with the geographical indication

validly registered in respect of the same type of goods, or which cannot be distinguished

in its essential aspects from such a geographical indication, and the importation of

which thereby infringes or the exportation of which would have constituted an

infringement of the rights of the geographical indication in question according to the

law of the Party where the goods are found;

(c) "counterfeit trademark goods" means goods, including packaging, bearing without

authorisation a trademark which is identical with the trademark validly registered in

respect of such goods, or which cannot be distinguished in its essential aspects from

such a trademark, and the importation of which thereby infringes or the exportation of

which would have constituted an infringement of the rights of the owner of the

trademark in question according to the law of the Party where the goods are found;

(d) "export goods" means goods which are to be taken from the territory of a Party to a

place outside that territory, while those goods remain under customs control;

(e) "goods infringing an intellectual property right" means counterfeit goods and pirated

copyright goods the importation or exportation of which, according to the law of the

Party where the goods are found, infringe an intellectual property right;

(f) "import goods" means goods brought into the territory of a Party from a place outside

that territory, while those goods remain under customs control; and

58

(g) "pirated copyright goods" means goods which are copies made without the consent of

the right holder or person duly authorised by the right holder in the country of

production and which are made directly or indirectly from an article where the making

of that copy, as well as importation or exportation would have constituted an

infringement of a copyright or a related right under the law of the Party of importation

or exportation, respectively.

ARTICLE 12.58

Scope of Border Measures

1. With respect to import and export goods, each Party shall adopt or maintain

procedures under which a right holder can submit applications requesting customs authorities

to suspend the import or export of goods suspected of infringing intellectual property rights.

2. The customs authorities shall, in accordance with domestic procedures, suspend the

release of the goods suspected of infringing an intellectual property right.

59

ARTICLE 12.59

Active Involvement of Customs Authorities

The customs authorities shall, on the basis of risk analysis techniques, be active in targeting

and identifying shipments containing import and export goods suspected of infringing

intellectual property rights. They shall cooperate with right holders, including allowing the

provision of information for risk analysis.

ARTICLE 12.60

Specific Cooperation in the Area of Border Measures

1. Without prejudice to subparagraph 2(a) of Article 4.2 (Customs Cooperation and

Mutual Administrative Assistance), the Parties shall, where appropriate, promote cooperation

and exchange of information and best practices between their customs authorities to enable

effective border controls for the purposes of enforcement of intellectual property rights,

particularly in order to effectively implement Article 69 of the TRIPS Agreement.

2. With regard to the customs enforcement of intellectual property rights the customs

authorities of the Parties shall provide each other with mutual administrative assistance in

accordance with Protocol 2 (Mutual Administrative Assistance in Customs Matters).

60

3. Without prejudice to Article 17.1 (Trade Committee), the Committee on Customs

referred to in Article 17.2 (Specialised Committees), shall be responsible to ensure the proper

functioning and implementation of this Article. The Committee on Customs shall set the

priorities and provide for the adequate procedures for cooperation between the competent

authorities.

SUB-SECTION 5

OTHER PROVISIONS RELATING TO ENFORCEMENT

ARTICLE 12.61

Codes of Conduct

The Parties shall encourage:

(a) the development, by trade or professional associations or organisations, of codes of

conduct aimed at contributing towards the enforcement of intellectual property rights;

and

(b) the submission to the competent authorities of the Parties of draft codes of conduct and

of any evaluations of the application of those codes of conduct.

61

SECTION D

COOPERATION AND INSTITUTIONAL PROVISIONS

ARTICLE 12.62

Cooperation

1. The Parties shall cooperate with a view to supporting the implementation of this

Chapter.

2. Subject to Chapter 16 (Cooperation and Capacity Building), areas of cooperation

include, but are not limited to, the following activities:

(a) exchange of information on the legal framework concerning intellectual property rights

and relevant rules of protection and enforcement as well as exchange of experiences

between the Union and Viet Nam on legislative progress;

(b) exchange of experiences and information between the Union and Viet Nam on

enforcement of intellectual property rights;

(c) exchange of experiences between the Union and Viet Nam on enforcement at central

and sub-central levels by customs, police, administrative and judiciary bodies as well as

coordination of their actions to prevent exports of counterfeit goods, including with

other countries;

62

(d) capacity building, and exchange and training of personnel;

(e) promotion and dissemination of information on intellectual property rights in, inter alia,

business circles, socio-professional and social organisations as well as promotion of

public awareness of consumers and right holders;

(f) enhancement of intergovernmental cooperation between, inter alia, intellectual property

offices; and

(g) active promotion of awareness and education of the general public on intellectual

property rights policies by formulating effective strategies to identify key audiences and

creating communication programmes to increase consumer and media awareness on the

impact of intellectual property violations, including the risk to health and safety and the

connection to organised crime.

3. Without prejudice to paragraphs 1 and 2, the Parties agree to address, as necessary,

topics relevant to the protection and enforcement of intellectual property rights covered by

this Chapter, and also any other relevant issue in the Working Group on Intellectual Property

Rights, including Geographical Indications, established pursuant to Article 17.3 (Working

Groups).

63

ARTICLE 12.63

Working Group on Intellectual Property Rights,

including Geographical Indications

1. The Working Group on Intellectual Property Rights, including Geographical

Indications, established pursuant to Article 17.3 (Working Groups), shall consist of

representatives of the Parties for the purposes of monitoring the implementation of this

Chapter, intensifying their cooperation and holding dialogues on intellectual property rights,

including geographical indications.

2. The Working Group on Intellectual Property Rights, including Geographical

Indications may consider any matter related to the implementation and operation of this

Chapter. In particular, it shall be responsible for:

(a) preparing a recommendation for the Parties to amend Annex 12-A (List of Geographical

Indications) as regards geographical indications in accordance with Article 12.26

(Amendment of the List of Geographical Indications);

(b) exchanging information on legislative and policy developments on geographical

indications and any other matter of mutual interest in the area of geographical

indications; and

(c) exchanging information on geographical indications for the purposes of considering

their protection in accordance with this Sub-Section 3 (Geographical Indications) of

Section B (Standards Concerning Intellectual Property Rights).